Judicial Review

As stated by www.usa.gov the judicial branch interprets the laws passed by the legislative branch. The judicial branch is not like other branches because while the executive and legislature branches are elected by the people, members of the judicial branch are appointed by the President and confirmed by Senate. The Constitution does not say the number of Supreme Court justices the number is set by Congress. Cited from www.whitehouse.gov "There has been as few as 6 Justices but since 1869 there have been 9 justices, including 1 Chief Justice."

With the young nation of America entered into the 19th century, there were still major issues when it came to the balance of powers of the different government branches. The status of judicial review in the Supreme Court was never pressed upon or given any real structure to. The power of judicial review had appeared many times in history before the set up of the Supreme Court as, in England, Chief Justice of the Common Pleas Sir Edward Coke made the originated the idea . During the ruling of the case of Dr. Bonham’s Case, Coke found that the London College of Physicians had no right to levy fines against anyone who violated their rules. He would later go on to state that, “no person should be a judge in his own case” (Fletcher 12). The act was revolutionary at the time as it set the notion of that an official body of government was needed to give fair governess to the people. The idea would pop up once in a while in events such as the Constitutional Convention where records that were kept by the textbook University of Chicago Law Review saw that “13 out of the 15 delegates made statements that were in support of the idea of judicial review” (Prakash 123). The interesting part about the quote is that it states that the idea of judicial review was in place in America many years before the actually case of Marbury v. Madison. Even in the Federalist Papers No. 78 which was published in May 28, 1788, by Alexander Hamilton, went into lengthy discussion about judicial review. In

Judicial Review – the power of the Supreme Court to say whether the federal, state, or local law or government action goes against the Constitution.

The Judicial Branch has also exerted is power to check the other branches and keep the balance

a. If justices do not agree with the lower court decision, they need the 4/9 agreement.

Compared to the powers of the Executive and Legislative branches, this seems like nothing. Another argument against this opinion is that the Judicial branch can still check the other branches all the same. This does not mean the other branches will listen forever. Without having the force of law and a high status, the Judicial branch may soon be overlooked and eventually overthrown. This concept shows how checks and balances have failed to create a limited yet even form of

The concept of Judicial Review is to review cases using the power of the courts over the actions of the executive and legislative branches to deem them invalid or unconstitutional. The Supreme Court has a unique position because of its broad commitment to the American People and its Constitution. The Court's principles on judicial review are that The Constitution is the supreme law of the country, they have ultimate authority on constitutional matters, and they must vote against any law that clashes with the constitution. One of the most significant cases that brought forth such convictions was the case of Marbury vs. Madison in 1803. Which was a case that brought many complications because when Jefferson ordered his Secretary of State James

-The power of the judicial review is “A court’s power to review statutes to decide if they conform to the U.S. or state constitutions”. It is important to our legal system to have the power of the judicial review as a tool to the disposal of the courts when conflicts arise within the law or constitution.

b. Explain how judicial review empowers the Supreme Court within the system of checks and balances. Judicial review gives the Supreme Court power over the legislative and executive branch because the Court can declare something that either branch wants to do unconstitutional.

Discuss the view that the power of the Supreme Court cannot be justified in a

For example, the legislative branch can check the power of the chief executive by overriding a president’s veto. The president can check the Supreme Court by nominating the Supreme Court justices. The Supreme Court can check Congress by declaring a law unconstitutional. As James Madison wrote, “The constant aim is to divide and arrange the several officers in such a manner as that they may be a check on the other” (Document C). James Madison, stresses the importance of checks and balances.

65: Appellate jurisdiction, which means that it may try (if the judges so decide) all cases tat re rightfully appealed to it; for example, cases dealing with such subjects as:

What is a writ of certiorari? A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case. What is the primary role of the U.S. Court of Appeals? To hear and dispose of the vast majority of cases appealed from the district courts. What are U.S. District Courts? General trial courts of the united states federal court system that hears both civil and criminal cases. When would a Federal District Court have jurisdiction in a case? If a case involved crimes against the united states, suits under national laws involving use of the mails, patent, copyright, trademark and other such technical matters and civil rights laws.

The powers of the judicial branch rest in the courts, which decide arguments about the meaning of laws, how they are applied, and whether they violate the Constitution. The latter power is known as judicial review and it is this process that the judiciary uses to provide checks and balances on the legislative and executive branches. However, judicial review is not an explicit power given to the courts, but it is an implied power. The judicial branch is established in Article III of the Constitution. The judicial branch consists of nine justices, including a chief justice, appointed for life terms by the president with the consent of the Senate. The court also serves as a trial court in cases involving foreign ambassadors, ministers, and consuls, and in cases where a U.S. state is a party.

The judicial branch carries the most power because they have the ability to settle disagreements surrounding the meaning of law.The judicial branch takes power and has the ability to rectify disagreements enclosing the meaning of law.’’Decide if laws or actions by the president are constitutional’’